IC 4-13-19
Chapter 19. Department of Child Services Ombudsman
IC 4-13-19-1 "Child"
Sec. 1. As used in this chapter, "child" means a person who:
(1) is less than eighteen (18) years of age;
(2) is at least eighteen (18) years of age at the time a complaint
is made but was less than eighteen (18) years of age at the time
of the alleged act or omission that is the subject of the
complaint; or
(3) is at least eighteen (18) years of age but has been under the
continuing jurisdiction of a juvenile court based upon an
informal adjustment, child in need of services action under
IC 31-34, or termination of parental rights action under
IC 31-35 since becoming eighteen (18) years of age. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-2 "Ombudsman"
Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve as
ombudsman; or
(2) an employee or other individual approved by the office of
the department of child services ombudsman to act in the
capacity of ombudsman;
to receive, investigate, and resolve complaints that allege the
department of child services, by an action or omission, failed to
protect the physical or mental health or safety of any child or failed
to follow specific laws, rules, or written policies. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-3 Establishment of office of department of child services ombudsman
Sec. 3. The office of department of child services ombudsman is
established as a separate bureau within the department. The
ombudsman appointed by the governor shall report directly to the
commissioner. The ombudsman appointed by the governor must be
an attorney licensed to practice law in Indiana or a social worker
with at least a master's degree. The ombudsman appointed by the
governor must have significant experience or education in child
development and child advocacy, including at least two (2) years
experience working with child abuse and neglect. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-4 Appointment of ombudsman; authority to hire employees
Sec. 4. (a) The governor shall appoint the ombudsman. The
ombudsman serves at the pleasure of the governor. An individual
may not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during the
preceding twelve (12) months. The governor shall appoint a
successor ombudsman not later than thirty (30) days after a vacancy
occurs in the position of the ombudsman.
(b) The office of the department of child services ombudsman
may employ technical experts and other employees to carry out the
purposes of this chapter. However, the office of the department of
child services ombudsman may not hire an individual to serve as an
ombudsman if the individual has been employed by the department
of child services during the preceding twelve (12) months.
(c) The ombudsman and any other person employed or authorized
by the ombudsman:
(1) are subject to the same criminal history and background
checks, to be performed by the department of child services,
that are required for department of child services family case
managers; and
(2) are subject to the same disqualification for employment
criteria as department of child services family case managers. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-5 Powers of ombudsman
Sec. 5. (a) The office of the department of child services
ombudsman may receive, investigate, and attempt to resolve a
complaint alleging that the department of child services, by an action
or omission occurring on or after January 11, 2005, failed to protect
the physical or mental health or safety of any child or failed to follow
specific laws, rules, or written policies.
(b) The office of the department of child services ombudsman
may also do the following:
(1) Take action, including the establishing of a program of
public education, to secure and ensure the legal rights of
children.
(2) Periodically review relevant policies and procedures with a
view toward the safety and welfare of children.
(3) When appropriate, refer a person making a report of child
abuse or neglect to the department of child services and, if
appropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reports
of abuse and neglect and overseeing the welfare of children who
are under the jurisdiction of a juvenile court.
(5) Make the public aware of the services of the ombudsman,
the purpose of the office, and information concerning
contacting the office.
(6) Examine policies and procedures and evaluate the
effectiveness of the child protection system, specifically the
respective roles of the department of child services, the court,
the medical community, service providers, guardians ad litem,
court appointed special advocates, and law enforcement
agencies.
(7) Review and make recommendations concerning
investigative procedures and emergency responses contained in
the report prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child services
ombudsman, the local child protection team shall assist the office of
the department of child services ombudsman by:
(1) investigating and making recommendations on a matter; or
(2) redacting or revising any report to be prepared for the
complainant so that confidentiality laws are maintained.
If a local child protection team was involved in an initial
investigation, a different local child protection team may assist in the
investigation under this subsection.
(d) At the end of an investigation of a complaint, the office of the
department of child services ombudsman shall provide an appropriate
report as follows:
(1) If the complainant is a parent, guardian, custodian, court
appointed special advocate, guardian ad litem, or court, the
ombudsman may provide the same report to the complainant
and the department of child services.
(2) If the complainant is not a person described in subdivision
(1), the ombudsman shall provide a redacted version of its
findings to the complainant stating in general terms that the
actions of the department of child services were or were not
appropriate.
(e) The department of child services ombudsman shall provide a
copy of the report and recommendations to the department of child
services. The office of the department of child services ombudsman
may not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodian
of the child who was subject of the department of child services'
action or omission; or
(3) the court, court appointed special advocate, or guardian ad
litem of the child in a case that was filed as a child in need of
services or a termination of parental rights action;
any information that the department of child services could not, by
law, reveal to the complainant, parent, guardian, custodian, person,
court, court appointed special advocate, or guardian ad litem.
(f) If, after reviewing a complaint or conducting an investigation
and considering the response of an agency, facility, or program and
any other pertinent material, the office of the department of child
services ombudsman determines that the complaint has merit or the
investigation reveals a problem, the ombudsman may recommend
that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy; or
(4) explain more fully the action in question.
(g) At the office of the department of child services ombudsman's
request, the agency, facility, or program shall, within a reasonable
time, inform the office of the department of child services
ombudsman about the action taken on the recommendation or the
reasons for not complying with it.
(h) The office of the department of child services ombudsman
may not investigate the following:
(1) A complaint from an employee of the department of child
services that relates to the employee's employment relationship
with the department of child services.
(2) A complaint challenging a department of child services
substantiation of abuse or neglect that is currently the subject of
a pending administrative review procedure before the
exhaustion of administrative remedies provided by law, rule, or
written policy. Investigation of any such complaint received
shall be stayed until the administrative remedy has been
exhausted. However, if the administrative process is not
completed or terminated within six (6) months after initiation
of the administrative process, the office of child services
ombudsman may proceed with its investigation.
(i) If the office of the department of child services ombudsman
does not investigate a complaint, the office of the department of child
services ombudsman shall notify the complainant of the decision not
to investigate and the reasons for the decision. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-6 Access to records
Sec. 6. (a) The office of the department of child services
ombudsman shall be given appropriate access to department of child
services records of a child who is the subject of a complaint that is
filed under this chapter.
(b) A state or local government agency or entity that has records
that are relevant to a complaint or an investigation conducted by an
ombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition of
penalties under a contract dealing with an employee or
contractor of the department of child services;
for the release or disclosure of records to the ombudsman under this
chapter, unless the release or disclosure constitutes gross negligence
or willful or wanton misconduct.
(d) Information or records of a state or local government agency
provided to the office of the department of child services ombudsman
may not be disclosed to the complainant or others if confidential
under laws, rules, or regulations governing the state or local
government agency that provided the information or records. As added by P.L.182-2009(ss), SEC.55. IC 4-13-19-7 Duties and functions
Sec. 7. The office of the department of child services ombudsman
shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative access
controls for all information maintained by the office of the
department of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint,
ensure that the identity of a complainant will not be disclosed
without:
(A) the complainant's written consent; or
(B) a court order. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-8 Adoption of rules
Sec. 8. The office of the department of child services ombudsman
may adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-9 Civil immunity
Sec. 9. An ombudsman is not personally liable for the good faith
performance of the ombudsman's official duties. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-10 Report
Sec. 10. (a) The office of the department of child services
ombudsman shall prepare a report each year on the operations of the
office.
(b) The office of the department of child services ombudsman
shall include the following information in the annual report required
under subsection (a):
(1) The office of the department of child services ombudsman's
activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for
children.
(3) Any other issues, concerns, or information concerning
children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child
services' Internet web site and on any Internet web site maintained by
the office of the department of child services ombudsman.
(e) An initial report summarizing the activities of the department
of child services ombudsman shall be completed by no later than
December 1, 2009, and a copy of the report shall be posted on the
department of child services' Internet web site and on any Internet
web site maintained by the office of the department of child services
ombudsman, and shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6. This subsection
expires December 31, 2009. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-11 Interference or prevention of completion of work
Sec. 11. (a) A person who:
(1) except as provided in subsection (b), intentionally interferes
with or prevents the completion of the work of an ombudsman;
(2) knowingly offers compensation to an ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against another person
who provides information to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, a
person who has filed a complaint, or a person who provides
information to an ombudsman, because of an investigation or
potential investigation;
commits interference with the office of the department of child
services ombudsman, a Class A misdemeanor.
(b) Expungement of records held by the department of child
services that occurs by statutory mandate, judicial order or decree,
administrative review or process, automatic operation of the Indiana
Child Welfare Information System (ICWIS) computer system, or in
the normal course of business shall not be considered intentional
interference or prevention for the purposes of subsection (a). As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-12 Provision of office space
Sec. 12. The Indiana department of administration shall provide
and maintain office space for the office of the department of child
services ombudsman. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19
Chapter 19. Department of Child Services Ombudsman
IC 4-13-19-1 "Child"
Sec. 1. As used in this chapter, "child" means a person who:
(1) is less than eighteen (18) years of age;
(2) is at least eighteen (18) years of age at the time a complaint
is made but was less than eighteen (18) years of age at the time
of the alleged act or omission that is the subject of the
complaint; or
(3) is at least eighteen (18) years of age but has been under the
continuing jurisdiction of a juvenile court based upon an
informal adjustment, child in need of services action under
IC 31-34, or termination of parental rights action under
IC 31-35 since becoming eighteen (18) years of age. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-2 "Ombudsman"
Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve as
ombudsman; or
(2) an employee or other individual approved by the office of
the department of child services ombudsman to act in the
capacity of ombudsman;
to receive, investigate, and resolve complaints that allege the
department of child services, by an action or omission, failed to
protect the physical or mental health or safety of any child or failed
to follow specific laws, rules, or written policies. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-3 Establishment of office of department of child services ombudsman
Sec. 3. The office of department of child services ombudsman is
established as a separate bureau within the department. The
ombudsman appointed by the governor shall report directly to the
commissioner. The ombudsman appointed by the governor must be
an attorney licensed to practice law in Indiana or a social worker
with at least a master's degree. The ombudsman appointed by the
governor must have significant experience or education in child
development and child advocacy, including at least two (2) years
experience working with child abuse and neglect. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-4 Appointment of ombudsman; authority to hire employees
Sec. 4. (a) The governor shall appoint the ombudsman. The
ombudsman serves at the pleasure of the governor. An individual
may not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during the
preceding twelve (12) months. The governor shall appoint a
successor ombudsman not later than thirty (30) days after a vacancy
occurs in the position of the ombudsman.
(b) The office of the department of child services ombudsman
may employ technical experts and other employees to carry out the
purposes of this chapter. However, the office of the department of
child services ombudsman may not hire an individual to serve as an
ombudsman if the individual has been employed by the department
of child services during the preceding twelve (12) months.
(c) The ombudsman and any other person employed or authorized
by the ombudsman:
(1) are subject to the same criminal history and background
checks, to be performed by the department of child services,
that are required for department of child services family case
managers; and
(2) are subject to the same disqualification for employment
criteria as department of child services family case managers. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-5 Powers of ombudsman
Sec. 5. (a) The office of the department of child services
ombudsman may receive, investigate, and attempt to resolve a
complaint alleging that the department of child services, by an action
or omission occurring on or after January 11, 2005, failed to protect
the physical or mental health or safety of any child or failed to follow
specific laws, rules, or written policies.
(b) The office of the department of child services ombudsman
may also do the following:
(1) Take action, including the establishing of a program of
public education, to secure and ensure the legal rights of
children.
(2) Periodically review relevant policies and procedures with a
view toward the safety and welfare of children.
(3) When appropriate, refer a person making a report of child
abuse or neglect to the department of child services and, if
appropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reports
of abuse and neglect and overseeing the welfare of children who
are under the jurisdiction of a juvenile court.
(5) Make the public aware of the services of the ombudsman,
the purpose of the office, and information concerning
contacting the office.
(6) Examine policies and procedures and evaluate the
effectiveness of the child protection system, specifically the
respective roles of the department of child services, the court,
the medical community, service providers, guardians ad litem,
court appointed special advocates, and law enforcement
agencies.
(7) Review and make recommendations concerning
investigative procedures and emergency responses contained in
the report prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child services
ombudsman, the local child protection team shall assist the office of
the department of child services ombudsman by:
(1) investigating and making recommendations on a matter; or
(2) redacting or revising any report to be prepared for the
complainant so that confidentiality laws are maintained.
If a local child protection team was involved in an initial
investigation, a different local child protection team may assist in the
investigation under this subsection.
(d) At the end of an investigation of a complaint, the office of the
department of child services ombudsman shall provide an appropriate
report as follows:
(1) If the complainant is a parent, guardian, custodian, court
appointed special advocate, guardian ad litem, or court, the
ombudsman may provide the same report to the complainant
and the department of child services.
(2) If the complainant is not a person described in subdivision
(1), the ombudsman shall provide a redacted version of its
findings to the complainant stating in general terms that the
actions of the department of child services were or were not
appropriate.
(e) The department of child services ombudsman shall provide a
copy of the report and recommendations to the department of child
services. The office of the department of child services ombudsman
may not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodian
of the child who was subject of the department of child services'
action or omission; or
(3) the court, court appointed special advocate, or guardian ad
litem of the child in a case that was filed as a child in need of
services or a termination of parental rights action;
any information that the department of child services could not, by
law, reveal to the complainant, parent, guardian, custodian, person,
court, court appointed special advocate, or guardian ad litem.
(f) If, after reviewing a complaint or conducting an investigation
and considering the response of an agency, facility, or program and
any other pertinent material, the office of the department of child
services ombudsman determines that the complaint has merit or the
investigation reveals a problem, the ombudsman may recommend
that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy; or
(4) explain more fully the action in question.
(g) At the office of the department of child services ombudsman's
request, the agency, facility, or program shall, within a reasonable
time, inform the office of the department of child services
ombudsman about the action taken on the recommendation or the
reasons for not complying with it.
(h) The office of the department of child services ombudsman
may not investigate the following:
(1) A complaint from an employee of the department of child
services that relates to the employee's employment relationship
with the department of child services.
(2) A complaint challenging a department of child services
substantiation of abuse or neglect that is currently the subject of
a pending administrative review procedure before the
exhaustion of administrative remedies provided by law, rule, or
written policy. Investigation of any such complaint received
shall be stayed until the administrative remedy has been
exhausted. However, if the administrative process is not
completed or terminated within six (6) months after initiation
of the administrative process, the office of child services
ombudsman may proceed with its investigation.
(i) If the office of the department of child services ombudsman
does not investigate a complaint, the office of the department of child
services ombudsman shall notify the complainant of the decision not
to investigate and the reasons for the decision. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-6 Access to records
Sec. 6. (a) The office of the department of child services
ombudsman shall be given appropriate access to department of child
services records of a child who is the subject of a complaint that is
filed under this chapter.
(b) A state or local government agency or entity that has records
that are relevant to a complaint or an investigation conducted by an
ombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition of
penalties under a contract dealing with an employee or
contractor of the department of child services;
for the release or disclosure of records to the ombudsman under this
chapter, unless the release or disclosure constitutes gross negligence
or willful or wanton misconduct.
(d) Information or records of a state or local government agency
provided to the office of the department of child services ombudsman
may not be disclosed to the complainant or others if confidential
under laws, rules, or regulations governing the state or local
government agency that provided the information or records. As added by P.L.182-2009(ss), SEC.55. IC 4-13-19-7 Duties and functions
Sec. 7. The office of the department of child services ombudsman
shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative access
controls for all information maintained by the office of the
department of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint,
ensure that the identity of a complainant will not be disclosed
without:
(A) the complainant's written consent; or
(B) a court order. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-8 Adoption of rules
Sec. 8. The office of the department of child services ombudsman
may adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-9 Civil immunity
Sec. 9. An ombudsman is not personally liable for the good faith
performance of the ombudsman's official duties. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-10 Report
Sec. 10. (a) The office of the department of child services
ombudsman shall prepare a report each year on the operations of the
office.
(b) The office of the department of child services ombudsman
shall include the following information in the annual report required
under subsection (a):
(1) The office of the department of child services ombudsman's
activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for
children.
(3) Any other issues, concerns, or information concerning
children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child
services' Internet web site and on any Internet web site maintained by
the office of the department of child services ombudsman.
(e) An initial report summarizing the activities of the department
of child services ombudsman shall be completed by no later than
December 1, 2009, and a copy of the report shall be posted on the
department of child services' Internet web site and on any Internet
web site maintained by the office of the department of child services
ombudsman, and shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6. This subsection
expires December 31, 2009. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-11 Interference or prevention of completion of work
Sec. 11. (a) A person who:
(1) except as provided in subsection (b), intentionally interferes
with or prevents the completion of the work of an ombudsman;
(2) knowingly offers compensation to an ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against another person
who provides information to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, a
person who has filed a complaint, or a person who provides
information to an ombudsman, because of an investigation or
potential investigation;
commits interference with the office of the department of child
services ombudsman, a Class A misdemeanor.
(b) Expungement of records held by the department of child
services that occurs by statutory mandate, judicial order or decree,
administrative review or process, automatic operation of the Indiana
Child Welfare Information System (ICWIS) computer system, or in
the normal course of business shall not be considered intentional
interference or prevention for the purposes of subsection (a). As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-12 Provision of office space
Sec. 12. The Indiana department of administration shall provide
and maintain office space for the office of the department of child
services ombudsman. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19
Chapter 19. Department of Child Services Ombudsman
IC 4-13-19-1 "Child"
Sec. 1. As used in this chapter, "child" means a person who:
(1) is less than eighteen (18) years of age;
(2) is at least eighteen (18) years of age at the time a complaint
is made but was less than eighteen (18) years of age at the time
of the alleged act or omission that is the subject of the
complaint; or
(3) is at least eighteen (18) years of age but has been under the
continuing jurisdiction of a juvenile court based upon an
informal adjustment, child in need of services action under
IC 31-34, or termination of parental rights action under
IC 31-35 since becoming eighteen (18) years of age. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-2 "Ombudsman"
Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve as
ombudsman; or
(2) an employee or other individual approved by the office of
the department of child services ombudsman to act in the
capacity of ombudsman;
to receive, investigate, and resolve complaints that allege the
department of child services, by an action or omission, failed to
protect the physical or mental health or safety of any child or failed
to follow specific laws, rules, or written policies. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-3 Establishment of office of department of child services ombudsman
Sec. 3. The office of department of child services ombudsman is
established as a separate bureau within the department. The
ombudsman appointed by the governor shall report directly to the
commissioner. The ombudsman appointed by the governor must be
an attorney licensed to practice law in Indiana or a social worker
with at least a master's degree. The ombudsman appointed by the
governor must have significant experience or education in child
development and child advocacy, including at least two (2) years
experience working with child abuse and neglect. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-4 Appointment of ombudsman; authority to hire employees
Sec. 4. (a) The governor shall appoint the ombudsman. The
ombudsman serves at the pleasure of the governor. An individual
may not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during the
preceding twelve (12) months. The governor shall appoint a
successor ombudsman not later than thirty (30) days after a vacancy
occurs in the position of the ombudsman.
(b) The office of the department of child services ombudsman
may employ technical experts and other employees to carry out the
purposes of this chapter. However, the office of the department of
child services ombudsman may not hire an individual to serve as an
ombudsman if the individual has been employed by the department
of child services during the preceding twelve (12) months.
(c) The ombudsman and any other person employed or authorized
by the ombudsman:
(1) are subject to the same criminal history and background
checks, to be performed by the department of child services,
that are required for department of child services family case
managers; and
(2) are subject to the same disqualification for employment
criteria as department of child services family case managers. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-5 Powers of ombudsman
Sec. 5. (a) The office of the department of child services
ombudsman may receive, investigate, and attempt to resolve a
complaint alleging that the department of child services, by an action
or omission occurring on or after January 11, 2005, failed to protect
the physical or mental health or safety of any child or failed to follow
specific laws, rules, or written policies.
(b) The office of the department of child services ombudsman
may also do the following:
(1) Take action, including the establishing of a program of
public education, to secure and ensure the legal rights of
children.
(2) Periodically review relevant policies and procedures with a
view toward the safety and welfare of children.
(3) When appropriate, refer a person making a report of child
abuse or neglect to the department of child services and, if
appropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reports
of abuse and neglect and overseeing the welfare of children who
are under the jurisdiction of a juvenile court.
(5) Make the public aware of the services of the ombudsman,
the purpose of the office, and information concerning
contacting the office.
(6) Examine policies and procedures and evaluate the
effectiveness of the child protection system, specifically the
respective roles of the department of child services, the court,
the medical community, service providers, guardians ad litem,
court appointed special advocates, and law enforcement
agencies.
(7) Review and make recommendations concerning
investigative procedures and emergency responses contained in
the report prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child services
ombudsman, the local child protection team shall assist the office of
the department of child services ombudsman by:
(1) investigating and making recommendations on a matter; or
(2) redacting or revising any report to be prepared for the
complainant so that confidentiality laws are maintained.
If a local child protection team was involved in an initial
investigation, a different local child protection team may assist in the
investigation under this subsection.
(d) At the end of an investigation of a complaint, the office of the
department of child services ombudsman shall provide an appropriate
report as follows:
(1) If the complainant is a parent, guardian, custodian, court
appointed special advocate, guardian ad litem, or court, the
ombudsman may provide the same report to the complainant
and the department of child services.
(2) If the complainant is not a person described in subdivision
(1), the ombudsman shall provide a redacted version of its
findings to the complainant stating in general terms that the
actions of the department of child services were or were not
appropriate.
(e) The department of child services ombudsman shall provide a
copy of the report and recommendations to the department of child
services. The office of the department of child services ombudsman
may not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodian
of the child who was subject of the department of child services'
action or omission; or
(3) the court, court appointed special advocate, or guardian ad
litem of the child in a case that was filed as a child in need of
services or a termination of parental rights action;
any information that the department of child services could not, by
law, reveal to the complainant, parent, guardian, custodian, person,
court, court appointed special advocate, or guardian ad litem.
(f) If, after reviewing a complaint or conducting an investigation
and considering the response of an agency, facility, or program and
any other pertinent material, the office of the department of child
services ombudsman determines that the complaint has merit or the
investigation reveals a problem, the ombudsman may recommend
that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy; or
(4) explain more fully the action in question.
(g) At the office of the department of child services ombudsman's
request, the agency, facility, or program shall, within a reasonable
time, inform the office of the department of child services
ombudsman about the action taken on the recommendation or the
reasons for not complying with it.
(h) The office of the department of child services ombudsman
may not investigate the following:
(1) A complaint from an employee of the department of child
services that relates to the employee's employment relationship
with the department of child services.
(2) A complaint challenging a department of child services
substantiation of abuse or neglect that is currently the subject of
a pending administrative review procedure before the
exhaustion of administrative remedies provided by law, rule, or
written policy. Investigation of any such complaint received
shall be stayed until the administrative remedy has been
exhausted. However, if the administrative process is not
completed or terminated within six (6) months after initiation
of the administrative process, the office of child services
ombudsman may proceed with its investigation.
(i) If the office of the department of child services ombudsman
does not investigate a complaint, the office of the department of child
services ombudsman shall notify the complainant of the decision not
to investigate and the reasons for the decision. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-6 Access to records
Sec. 6. (a) The office of the department of child services
ombudsman shall be given appropriate access to department of child
services records of a child who is the subject of a complaint that is
filed under this chapter.
(b) A state or local government agency or entity that has records
that are relevant to a complaint or an investigation conducted by an
ombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition of
penalties under a contract dealing with an employee or
contractor of the department of child services;
for the release or disclosure of records to the ombudsman under this
chapter, unless the release or disclosure constitutes gross negligence
or willful or wanton misconduct.
(d) Information or records of a state or local government agency
provided to the office of the department of child services ombudsman
may not be disclosed to the complainant or others if confidential
under laws, rules, or regulations governing the state or local
government agency that provided the information or records. As added by P.L.182-2009(ss), SEC.55. IC 4-13-19-7 Duties and functions
Sec. 7. The office of the department of child services ombudsman
shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative access
controls for all information maintained by the office of the
department of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint,
ensure that the identity of a complainant will not be disclosed
without:
(A) the complainant's written consent; or
(B) a court order. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-8 Adoption of rules
Sec. 8. The office of the department of child services ombudsman
may adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-9 Civil immunity
Sec. 9. An ombudsman is not personally liable for the good faith
performance of the ombudsman's official duties. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-10 Report
Sec. 10. (a) The office of the department of child services
ombudsman shall prepare a report each year on the operations of the
office.
(b) The office of the department of child services ombudsman
shall include the following information in the annual report required
under subsection (a):
(1) The office of the department of child services ombudsman's
activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for
children.
(3) Any other issues, concerns, or information concerning
children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child
services' Internet web site and on any Internet web site maintained by
the office of the department of child services ombudsman.
(e) An initial report summarizing the activities of the department
of child services ombudsman shall be completed by no later than
December 1, 2009, and a copy of the report shall be posted on the
department of child services' Internet web site and on any Internet
web site maintained by the office of the department of child services
ombudsman, and shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6. This subsection
expires December 31, 2009. As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-11 Interference or prevention of completion of work
Sec. 11. (a) A person who:
(1) except as provided in subsection (b), intentionally interferes
with or prevents the completion of the work of an ombudsman;
(2) knowingly offers compensation to an ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against another person
who provides information to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, a
person who has filed a complaint, or a person who provides
information to an ombudsman, because of an investigation or
potential investigation;
commits interference with the office of the department of child
services ombudsman, a Class A misdemeanor.
(b) Expungement of records held by the department of child
services that occurs by statutory mandate, judicial order or decree,
administrative review or process, automatic operation of the Indiana
Child Welfare Information System (ICWIS) computer system, or in
the normal course of business shall not be considered intentional
interference or prevention for the purposes of subsection (a). As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-12 Provision of office space
Sec. 12. The Indiana department of administration shall provide
and maintain office space for the office of the department of child
services ombudsman. As added by P.L.182-2009(ss), SEC.55.
